NAUBAT SINGH Vs. HIRA

JUDGEMENT

(1.) This is a revn. by the mtgees. against whom a claim for redemption Under Section 12, U. P. Agriculturists' Relief Act (XXVII [27] of 1934) has been decreed by both the Cts. below.

(2.) It appears that Hira Lal, Naubat Singh & some other persons were co-sharers in a proprietary Khata in village Sikri of Pargana Jalalabad in the district of Meerut. By an arrangement of convenience arrived at between the co-sharers Hira Lal was in exclusive possession of an area of one bigha of joint Khata consisting of plots NOS. 976 (present No. 1035) & 982 (present No. 1036), These two plots measured 15 biswas & 5 biswas respectively.

(3.) On 2-7-20 Hira Lal executed a possessory mtge. of the aforesaid two plots in favour of Naubat Singh & Ranjit & put the mtgees in actual physical possession of the said two plots. In sub-sequent years these plots came to be recorded first as Naubat Singh's Khudkasht & later on as his sir. Sometime afterwards Naubat Singh applied for partition in revenue Ct. Partition proceedings continued for several years & were finally confirmed on 19-9-32. As a result of these proceedings, Naubat Singh's share was completely separated & formed into a separate Khata which bore No. 25. Thus Naubat Singh became sole proprietor of the entire land in this Khata. The two aforesaid mortgaged plots were also included in this Khata.